Constitution of India, 1950, Article 21, Indian Penal Code, 1860, Section 53, 302, Prisons Act, 1894, Section 59, Criminal Procedure Code, 1973, Section 354(5) -- Death-row prisoners - Held, final meeting with family and friends to be allowed before execution - Performance of post mortem after execution made obligatory...........
Indian Penal Code, 1860, Section 376, 354, 323 -- Rape - Conviction set aside on the grounds : (i) Strained relationship between husband of prosecutrix and appellant; (ii) Place of alleged occurrence is located in a congested neighbourhood; (iii) Prosecutrix was not heeded by nearby shopkeeper as well as local police at the first instance; (iv) None of her relatives had..........
Criminal Procedure Code, 1973, Section 53, 54, 107, 197, Indian Penal Code, 1860, Section 500, 354, 498 -- Adultery - Bald allegation that appellant is living in illicit relationship - Held, in such situation, there is no scope for the respondent to invoke S.107 CrPC and contend that he acted by virtue of authority vested in him...........
Indian Penal Code, 1860, Section 354, Probation of Offenders Act, 1958, Section 4 -- Outraging Modesty of women - Conviction - Accused seeking release on probation - Maintainability - Accused caught hold hair of girl and planted a kiss, resultantly, she suffered a cut over her lips and started bleeding - Held, appellant committed heinous crime and with social condition..........
Indian Penal Code, 1860, Section 354 -- Outraging Modesty of women - Conviction - Plea of juvenility raised for the first time before Supreme Court - Propriety - Accused not allowed to raise such plea - Held, if the matter came before Juvenile Board, maximum sentence that can be awarded in such a case is 3 years - In this case, punishment awarded is only six months so the..........
Indian Penal Code, 1860, Section 354 -- Outraging Modesty of women - Test to determine `Outraging Modesty' interpreted - Held, Test for determining whether modesty has been outraged is whether action of offender as such can be perceived as one which is capable of lowering sense of decency of woman - Offence related to modesty cannot be treated as trivial and lenient view..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Proof - Accused alleged to have caught hold of prosecutrix from her breasts and ran away after she raised alarm - No internal or external injury found on her person - Material witness contradicted prosecutrix on material points - Failure of investigation agency to associate witnesses from adjacent houses..........
Indian Penal Code, 1860, Section 294, 354, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Petition to quash - One `S' put his hand on victim's shoulder and despite several objections said `S' continued with such activities and tried to put his hand on her chest and pulled her clothes - Informant stopped bus and threatened `S' to report the..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 320 -- Outraging modesty of woman - Offence of - Compoundable - Held, offence u/s 354 IPC is compoundable by woman assaulted or to whom criminal force was used...........
Indian Penal Code, 1860, Section 354, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15(1) - - Outraging modesty of woman - Conviction of juveniles - Sentence - Validity - Appellants directed to render services in Municipal Committee - Held, both juveniles were involved in abominable acts and deserve some sort of reformation so that they may not..........
